Preview
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------------X
KLARA KHUTORYANSKAYA,
Index No: 521431/2016
Plaintiff,
-against-
VERIFIED BILL OF
LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & PARTICULARS AS TO
MICROSURGERY INSTITUTE, BROOKLYN EYE SURGERY ALEXANDER
CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER, RABINOVICH, M.D.
ALEXANDER RABINOVICH, M.D., and JOHN AND JANE
DOES 1- 100 (Said names being fictitious, itbeing the intention of
Plaintiff to designate any and all individuals, parties, corporations
or entities, if any, having or claiming a knowledge of the foregoing
complaint),
Defendants.
--------------------------------------------------------------------------X
Plaintiff, KLARA KHUTORYANSKAYA (hereinafter, "Plaintiff"), by and through her
attomeys, KARASIK LAW GROUP, P.C., as and for a Response to Demand for Verified Bill of
Particulars as to Alexander Rabinovich, M.D. of Defendant, ALEXANDER RABINOVICH, M.D.
(hereinafter, "Defendant"), states as follows:
1. August 22, 2016 at approximately 9:05 A.M.
2. 1301 Avenue J, Brooklyn, New York 11230.
3. Failure to properly admidster the procedure, causing serious injuries to Plaintiff.
4. Laser & Microsurgery, P.C. d/b/a NY Lasik Laser & Microsurgery Institute, and Brooklyn
Eye Surgery Center, itsservants, agents and/or employees.
5. The prevailing standard of care violated was that of administering surgical procedures
properly, correctly, and effectively.
6. Departure from the prevailing standard of care in failing to properly conduct the procedure
causing permañênt damage to the cornea and other components of the left eye.
7. Objection. Plaintiff reserves the right to supplcmeñt this response in the future.
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019
8. (a) Not applicable;
(b) Not applicable;
(c) Not applicable;
(d) Not applicable;
(e) Defendant improperly performed a conjunctival cyst excision on Plaintiff's left
eyelid;
(f) Not applicable;
(g) Not applicable;
(h) Not applicable;
(i) Not applicable;
(j) Not applicable;
(k) Not applicable;
(1) Not applicable;
(m) Objection. Not within the scope of a Billof Particulars;
(n) Objection. This demand requires the production of expert testimony.
9. (a) Conjunctival Cyst Excision;
(b) Not applicable;
(c) Not applicable;
(d) Objection. This demand requires the production of expert testimony;
(e) Objection. This demand requires the production of expert testimony.
10. Plaintiff objects to this demand as being improper in that itcalls for evidentiary material or
information in the form of, or to be gleaned from, expert testimony and, therefore, such
demand is overly broad, improper and beyond the scope of a billof particulars. Dellaglio v.
Paul, 250 A.D.2d 806, 673 N.Y.S.2d 212 (2d Dep't 1998); Heyward v. Ellenville Cmty.
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019
Hosp., 215 A.D.2d 967, 627 N.Y.S.2d ]67 (3d Dep't 1995); Patterson v. Jewish Hosp. &
Med. Ctr. Of Brooklyn, 94 Misc. 2d 680, 405 N.Y.S.2d 194 (Sup, Ct., Kings Co.), aff'd, 65
A.D,2d 553, 409 N.Y.S.2d 124 (2d Dep't 1978).
Without waiving the above stated objection, Plaintiff states that as a result of the above
mentioned occurrence, Plaintiff was seriously and severely injured, was rendered sick, sore,
lame and disabled, and so remains was caused to suffer injury and damage and sustain the
following caniplications and sequelae, which were caused, precipitated, contributed to
and/or aggravated by the Defendant's negligence:
• Dysplasia in lefteye;
• Growth of cells in left
inflammatory eye;
• Corneal edema on left eye;
• Erythema around the limbus of lefteye;
• Epithelial defect of left eye;
• demarcation from tissue of left
Sharp healthy eye;
• Large abrasion on lefteye;
• Ischemic sclera in scleral lysis of left
resulting eye;
• plaque deposits on cornea of left
Patchy eye;
• Persistent epithelial defect of leftcornea;
• anterior scleritis of left
Superficial, eye;
Corneal epithelial defect of left eye;
Limbal stem cell injury in eye left;
• Acute perilimbal damage to left eye;
• Epithelial and scleritisin left
breakdown, keratitis, eye;
• Staphylococcus epidermis;
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019
• Acanthotic epithelium;
• Pain in lefteye;
• of left
Swelling eye;
• Severe mucous discharge from lefteye;
• Decreased vision in left eye.
None of Plaintiff's injurics repicscñt the aggravation of a preexisting condition.
11, All of Plaintiff's injuries are permanent.
12. (a) Plaintiff was not confined to bed;
(b) Plaintiff was not confined to her house;
(c) Plaintiff was not confined to any hospital.
13. (a) All bills have not been received to date; the exact amount in special damages for
medicals rciñâirisunknown, but is expected to be as high as $50,000.00;
(b) Not applicable;
(c) Not applicable;
(d) Not applicable;
(e) Not applicable.
14. Not applicable; Plaintiff is notclaiming lost wages.
15.
29th
16. (a) 69 Bay Street, Apt. 4J, Brooldyn, New York 11214;
(b) Same as above.
17. (a) Objection. Plaintiff reserves the right to supplement this respoñse in the future;
(b) Objection. Plaintiff reserves the right to supplement this response in the future;
(c) Objection. Plaintiff reserves the right to supplement this response in the future.
18, (a) Not applicable.
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019
(b) Not applicable.
19. As disclosing Plaintiff's Social Security Number in the course of litigation necessarily
makes that information public, itis impermissible pursuant to New York State General Business
Law 5 U.S.C. and the Federal Act of 1974 (Public Law - 7.
§ 899-aa, § 552(b)(6) Privacy 93-579) §
privacy."
To do so has been held to be "an unwarranted invasion of See Norwood v. FAA, 933 F.2d
570; International Brotherhood of Electric Workers v. U.S. Dept. of Housing and Urban
Development, 852 F.2d 87; Bibeau v. Cantiague Figure Skating Club, Inc., 294 A.D.2d 525, 742
N.Y.S.2d 864 (2d dept. 2002); Seelig v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 (1d Dept.
1994). However, despite the fact that ithas run contrary to the Congressional intent of the Social
Security Act, as Social Security ñümbers have become a de facto numerical identifier, Plaintiff
hereby discloses the last4-digits of her Social Security Number to aid in obtaining records so
identified:
20. (a) This information is inpossession of the Defendant;
(b) This information is in possession of the Defendant.
21. (a) Not applicable;
• Edward Smart Eye 35 West End
(b) Rubinchik, M.D., Care, PLLC, Avenue,
Professionals Unit 1, Brooklyn, New York 11235; 08/26/2016, 09/07/2016;
• 14*
New York Eye and Ear Infirmary of Mount Sinai, 310 East Street, New
York, New York 10003; 08/30/2016, 09/02/2016, 09/09/2016, 09/22/2016,
09/28/2016;
• 5u
Angie Wen, M.D., New York Eye and Ear Infirmary of Mount Sinai, 9020
Avenue, Brooklyn, New York 11209; 09/08/2016, 09/15/2016;
• Millie R. Brighton Eye 2025 Kings
Fell, M.D., F.A.C.S., Associates,
Highway, Brooklyn, New York 11229; 09/19/2016;
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019
• Ear
John A. Seedor, M.D., F.A.C.S., New York Eye and Infirmary of Mount
14"1
Sinai, 310 East Street, New York, New York 10003; 09/16/2016,
09/23/2016, 09/28/2016, 10/07/2016, 10/19/2016, 11/16/2016.
22. (a) Plaintiff's medical treatment has been iñdemñified by Medicare and Medicaid
insurañce; the amount of such has not yet been detennined, but will be provided;
(b) Medicate Policy No.: fi#####dBA#; Medicaid Policy No.: BB#yll##jR#
(c) Not applicable;
(d) Not applicable;
(e) Not applicable.
23, (a) Conjunctival cyst excision on lefteyelid, August 22, 2016;
(b) Objection. Plaintiff reserves the right to supplement this response in the future;
(c) Objection, This demand requires the productión for expert testimony;
(d) Previously provided in response demand no. 10;
(e) At alltimes prior to and imm_ediately before the improperly administe ed procedure.
PLEASE TAKE NOTICE that Plaintiff reserves her right to supplement this response should
additional information become available.
Dated: February 9, 2017
Brooklyn, New York
Karasik Law roup, P.C. .-
Al ander Karasik, Esq.
Attorn ys for Plaintiff
Klara Khutoryanskaya
1810 Voorhies Avenue, Suite 9
Brooklyn, New York 11235
Tel.: (718) 502-9112
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019
TO: Neil H. Ekblom, Esq.
Ekblom & Partners LLP
Attorneys for Defendant
Alexander Rabinovich, M D.
21'
850 Third Avenue, Floor
New York, New York 10022
Tel.: (646) 677-6000
Lori Rosen Semlies, Esq.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP
Attorneys for Defendant
Brooklyn Eye Surgery Center L L C.
d/b/a Brooklyn Eye Surgery Center
1133 Westchester Avenue
White Plains, New York 10604
Tel.: (914) 323-7000
LASER & MICROSURGERY, P.C. d/b/a
NY LASIK LASER & MICROSURGERY INSTITUTE
1985 Cedar Swamp Road
Brookville, New York 11545
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__._ _________ _-------------------- -X
KLARA KHUTORYANSKAYA,
Index No: 521431/2016
Plaintiff,
-against-
VERIFICATION
LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER &
MICROSURGERY INSTITUTE, BROOKLYN EYE SURGERY
CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER,
ALEXANDER RABINOVICH, M.D., and JOHN AND JANE
DOES 1- 100 (Said names being fictitious, itbeing the intention of
Plaintiff to designate any and all individuals, parties, corporations
or entities, if any, having or claiming a knowledge of the foregoing
complaint),
Defendants.
-------------------------- -------------------------------X
STATE OF NEW YORK )
) ss.:
COUNTY OF KINGS )
KLARA KHUTORYANSKAYA, being duly sworn, deposes and says:
I am the Plaintiff in the herein action. I have read the foregaing Verified Bill of Particulars
and know the contents thereof and the same are true to the best of my knowledge, except matters
stated to be upon information and belief, and as to those I believe them to be true.
KLARA KHUTORYANSKAYA
Sworn to before me this
day of (AA , 2017.
Nota P ic JUUJA PENDORAK
Notary Public,Stateof New York
No. 01PE6324204
Qualifiedin KingsCounty
Commission ExpiresMay 4,20
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019
Index No.:521431/2016
SUPREME COURT OF THE STATE OF NEW YORK
L------
KLARA KHUTORYANSKAYA,
Plaintiff,
-against-
LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE,
BROOKLYN EYE SURGERY CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER,
ALEXANDER and JOHN AND JANE DOES 1 - 100 (Said names
RABINOVICH, M.D., being
fictitious,itbeing the intention of Plaintiff to designate any and all individuals, parties, cor·porations or
entities,ifany, having or claiming a knowledge of the foregoing complaint),
Defendants.
VERIFIED BILL OF PARTICULARS AS TO ALEXANDER RABINOVICH, M.D.
KARASIK LAW GROUP, PC
Attorneys for Plaintiff
1810 Voorhies Avenue, Suite 9
Brooklyn, NY 11235
718-502-9112
TO:
Service of a copy of the within
is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE:
[ ]Notice of Entry
that the within is a (certified)true copy of a
duly entered in the office of the clerk of the within court on 200
[ }Notice of Settlement
that an order of which the within is true copy will be presented for settlement
to the one of the judges of the within named court, at
on at A.M.
Signature (Rule 130-1.1-a)
Alexander Karasik
Preview
FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------------X KLARA KHUTORYANSKAYA, Index No: 521431/2016 Plaintiff, -against- VERIFIED BILL OF LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & PARTICULARS AS TO MICROSURGERY INSTITUTE, BROOKLYN EYE SURGERY ALEXANDER CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER, RABINOVICH, M.D. ALEXANDER RABINOVICH, M.D., and JOHN AND JANE DOES 1- 100 (Said names being fictitious, itbeing the intention of Plaintiff to designate any and all individuals, parties, corporations or entities, if any, having or claiming a knowledge of the foregoing complaint), Defendants. --------------------------------------------------------------------------X Plaintiff, KLARA KHUTORYANSKAYA (hereinafter, "Plaintiff"), by and through her attomeys, KARASIK LAW GROUP, P.C., as and for a Response to Demand for Verified Bill of Particulars as to Alexander Rabinovich, M.D. of Defendant, ALEXANDER RABINOVICH, M.D. (hereinafter, "Defendant"), states as follows: 1. August 22, 2016 at approximately 9:05 A.M. 2. 1301 Avenue J, Brooklyn, New York 11230. 3. Failure to properly admidster the procedure, causing serious injuries to Plaintiff. 4. Laser & Microsurgery, P.C. d/b/a NY Lasik Laser & Microsurgery Institute, and Brooklyn Eye Surgery Center, itsservants, agents and/or employees. 5. The prevailing standard of care violated was that of administering surgical procedures properly, correctly, and effectively. 6. Departure from the prevailing standard of care in failing to properly conduct the procedure causing permañênt damage to the cornea and other components of the left eye. 7. Objection. Plaintiff reserves the right to supplcmeñt this response in the future. FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019 8. (a) Not applicable; (b) Not applicable; (c) Not applicable; (d) Not applicable; (e) Defendant improperly performed a conjunctival cyst excision on Plaintiff's left eyelid; (f) Not applicable; (g) Not applicable; (h) Not applicable; (i) Not applicable; (j) Not applicable; (k) Not applicable; (1) Not applicable; (m) Objection. Not within the scope of a Billof Particulars; (n) Objection. This demand requires the production of expert testimony. 9. (a) Conjunctival Cyst Excision; (b) Not applicable; (c) Not applicable; (d) Objection. This demand requires the production of expert testimony; (e) Objection. This demand requires the production of expert testimony. 10. Plaintiff objects to this demand as being improper in that itcalls for evidentiary material or information in the form of, or to be gleaned from, expert testimony and, therefore, such demand is overly broad, improper and beyond the scope of a billof particulars. Dellaglio v. Paul, 250 A.D.2d 806, 673 N.Y.S.2d 212 (2d Dep't 1998); Heyward v. Ellenville Cmty. FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019 Hosp., 215 A.D.2d 967, 627 N.Y.S.2d ]67 (3d Dep't 1995); Patterson v. Jewish Hosp. & Med. Ctr. Of Brooklyn, 94 Misc. 2d 680, 405 N.Y.S.2d 194 (Sup, Ct., Kings Co.), aff'd, 65 A.D,2d 553, 409 N.Y.S.2d 124 (2d Dep't 1978). Without waiving the above stated objection, Plaintiff states that as a result of the above mentioned occurrence, Plaintiff was seriously and severely injured, was rendered sick, sore, lame and disabled, and so remains was caused to suffer injury and damage and sustain the following caniplications and sequelae, which were caused, precipitated, contributed to and/or aggravated by the Defendant's negligence: • Dysplasia in lefteye; • Growth of cells in left inflammatory eye; • Corneal edema on left eye; • Erythema around the limbus of lefteye; • Epithelial defect of left eye; • demarcation from tissue of left Sharp healthy eye; • Large abrasion on lefteye; • Ischemic sclera in scleral lysis of left resulting eye; • plaque deposits on cornea of left Patchy eye; • Persistent epithelial defect of leftcornea; • anterior scleritis of left Superficial, eye; Corneal epithelial defect of left eye; Limbal stem cell injury in eye left; • Acute perilimbal damage to left eye; • Epithelial and scleritisin left breakdown, keratitis, eye; • Staphylococcus epidermis; FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019 • Acanthotic epithelium; • Pain in lefteye; • of left Swelling eye; • Severe mucous discharge from lefteye; • Decreased vision in left eye. None of Plaintiff's injurics repicscñt the aggravation of a preexisting condition. 11, All of Plaintiff's injuries are permanent. 12. (a) Plaintiff was not confined to bed; (b) Plaintiff was not confined to her house; (c) Plaintiff was not confined to any hospital. 13. (a) All bills have not been received to date; the exact amount in special damages for medicals rciñâirisunknown, but is expected to be as high as $50,000.00; (b) Not applicable; (c) Not applicable; (d) Not applicable; (e) Not applicable. 14. Not applicable; Plaintiff is notclaiming lost wages. 15. 29th 16. (a) 69 Bay Street, Apt. 4J, Brooldyn, New York 11214; (b) Same as above. 17. (a) Objection. Plaintiff reserves the right to supplement this respoñse in the future; (b) Objection. Plaintiff reserves the right to supplement this response in the future; (c) Objection. Plaintiff reserves the right to supplement this response in the future. 18, (a) Not applicable. FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019 (b) Not applicable. 19. As disclosing Plaintiff's Social Security Number in the course of litigation necessarily makes that information public, itis impermissible pursuant to New York State General Business Law 5 U.S.C. and the Federal Act of 1974 (Public Law - 7. § 899-aa, § 552(b)(6) Privacy 93-579) § privacy." To do so has been held to be "an unwarranted invasion of See Norwood v. FAA, 933 F.2d 570; International Brotherhood of Electric Workers v. U.S. Dept. of Housing and Urban Development, 852 F.2d 87; Bibeau v. Cantiague Figure Skating Club, Inc., 294 A.D.2d 525, 742 N.Y.S.2d 864 (2d dept. 2002); Seelig v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 (1d Dept. 1994). However, despite the fact that ithas run contrary to the Congressional intent of the Social Security Act, as Social Security ñümbers have become a de facto numerical identifier, Plaintiff hereby discloses the last4-digits of her Social Security Number to aid in obtaining records so identified: 20. (a) This information is inpossession of the Defendant; (b) This information is in possession of the Defendant. 21. (a) Not applicable; • Edward Smart Eye 35 West End (b) Rubinchik, M.D., Care, PLLC, Avenue, Professionals Unit 1, Brooklyn, New York 11235; 08/26/2016, 09/07/2016; • 14* New York Eye and Ear Infirmary of Mount Sinai, 310 East Street, New York, New York 10003; 08/30/2016, 09/02/2016, 09/09/2016, 09/22/2016, 09/28/2016; • 5u Angie Wen, M.D., New York Eye and Ear Infirmary of Mount Sinai, 9020 Avenue, Brooklyn, New York 11209; 09/08/2016, 09/15/2016; • Millie R. Brighton Eye 2025 Kings Fell, M.D., F.A.C.S., Associates, Highway, Brooklyn, New York 11229; 09/19/2016; FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019 • Ear John A. Seedor, M.D., F.A.C.S., New York Eye and Infirmary of Mount 14"1 Sinai, 310 East Street, New York, New York 10003; 09/16/2016, 09/23/2016, 09/28/2016, 10/07/2016, 10/19/2016, 11/16/2016. 22. (a) Plaintiff's medical treatment has been iñdemñified by Medicare and Medicaid insurañce; the amount of such has not yet been detennined, but will be provided; (b) Medicate Policy No.: fi#####dBA#; Medicaid Policy No.: BB#yll##jR# (c) Not applicable; (d) Not applicable; (e) Not applicable. 23, (a) Conjunctival cyst excision on lefteyelid, August 22, 2016; (b) Objection. Plaintiff reserves the right to supplement this response in the future; (c) Objection, This demand requires the productión for expert testimony; (d) Previously provided in response demand no. 10; (e) At alltimes prior to and imm_ediately before the improperly administe ed procedure. PLEASE TAKE NOTICE that Plaintiff reserves her right to supplement this response should additional information become available. Dated: February 9, 2017 Brooklyn, New York Karasik Law roup, P.C. .- Al ander Karasik, Esq. Attorn ys for Plaintiff Klara Khutoryanskaya 1810 Voorhies Avenue, Suite 9 Brooklyn, New York 11235 Tel.: (718) 502-9112 FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019 TO: Neil H. Ekblom, Esq. Ekblom & Partners LLP Attorneys for Defendant Alexander Rabinovich, M D. 21' 850 Third Avenue, Floor New York, New York 10022 Tel.: (646) 677-6000 Lori Rosen Semlies, Esq. Wilson, Elser, Moskowitz, Edelman & Dicker LLP Attorneys for Defendant Brooklyn Eye Surgery Center L L C. d/b/a Brooklyn Eye Surgery Center 1133 Westchester Avenue White Plains, New York 10604 Tel.: (914) 323-7000 LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE 1985 Cedar Swamp Road Brookville, New York 11545 FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __._ _________ _-------------------- -X KLARA KHUTORYANSKAYA, Index No: 521431/2016 Plaintiff, -against- VERIFICATION LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE, BROOKLYN EYE SURGERY CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER, ALEXANDER RABINOVICH, M.D., and JOHN AND JANE DOES 1- 100 (Said names being fictitious, itbeing the intention of Plaintiff to designate any and all individuals, parties, corporations or entities, if any, having or claiming a knowledge of the foregoing complaint), Defendants. -------------------------- -------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF KINGS ) KLARA KHUTORYANSKAYA, being duly sworn, deposes and says: I am the Plaintiff in the herein action. I have read the foregaing Verified Bill of Particulars and know the contents thereof and the same are true to the best of my knowledge, except matters stated to be upon information and belief, and as to those I believe them to be true. KLARA KHUTORYANSKAYA Sworn to before me this day of (AA , 2017. Nota P ic JUUJA PENDORAK Notary Public,Stateof New York No. 01PE6324204 Qualifiedin KingsCounty Commission ExpiresMay 4,20 FILED: KINGS COUNTY CLERK 11/01/2019 11:37 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 11/01/2019 Index No.:521431/2016 SUPREME COURT OF THE STATE OF NEW YORK L------ KLARA KHUTORYANSKAYA, Plaintiff, -against- LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE, BROOKLYN EYE SURGERY CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER, ALEXANDER and JOHN AND JANE DOES 1 - 100 (Said names RABINOVICH, M.D., being fictitious,itbeing the intention of Plaintiff to designate any and all individuals, parties, cor·porations or entities,ifany, having or claiming a knowledge of the foregoing complaint), Defendants. VERIFIED BILL OF PARTICULARS AS TO ALEXANDER RABINOVICH, M.D. KARASIK LAW GROUP, PC Attorneys for Plaintiff 1810 Voorhies Avenue, Suite 9 Brooklyn, NY 11235 718-502-9112 TO: Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE: [ ]Notice of Entry that the within is a (certified)true copy of a duly entered in the office of the clerk of the within court on 200 [ }Notice of Settlement that an order of which the within is true copy will be presented for settlement to the one of the judges of the within named court, at on at A.M. Signature (Rule 130-1.1-a) Alexander Karasik